Open-border advocates ask U.S. Supreme Court to reconsider key immigration ruling

Open-border groups are asking the U.S. Supreme Court to reconsider a decision from earlier this year that delivered a blow to the Biden administration’s immigration agenda, Law 360 reports

This legal battle stems from a change that the Biden administration made to Immigration and Customs Enforcement’s (ICE) civil enforcement guidance.

Fox, at the time, reported:

Those rules, made permanent in September [2021], narrowed ICE’s focus to three categories of illegal immigrants for arrest and deportation: recent border crossers, “aggravated felons” and national security threats. The administration has claimed it allows agents to focus limited resources on top priority threats.

Fox added that, “the guidance in September also expanded the number of mitigating factors that were to be considered before ICE officials could commence enforcement proceedings against an illegal immigrant.”

The lawsuit

The attorneys general of Arizona, Ohio, and Montana, in November 2021, challenged the guidance changes in court, saying that it “dramatically ties the hands of immigration officers, halting nearly all deportations.”

The attorneys general made several arguments, including that the Biden administration’s guidance change violated Congressionally passed immigration laws and that it violated the Administrative Procedures Act. The attorneys general also argued that the guidance change would have a significant negative impact on their states.

Southern District of Ohio Judge Michael Newman agreed. In March, he blocked the Biden administration from implementing the guidance change.

“The States sue because they believe DHS skirted Congress’s immigration enforcement mandates when it issued a policy that prioritizes certain high-risk noncitizens for apprehension and removal,” Newman said. “DHS contends that seemingly mandatory statutes must be read flexibly to permit efficient law enforcement.”

Newman added, “at bottom, that is what this dispute is about: can the Executive displace clear congressional command in the name of resource allocation and enforcement goals? Here, the answer is no.”

The latest

Now, Law360 reports that open border groups are imploring the U.S. Supreme Court to hear the case.

The Biden administration did file a writ of certiorari in July, asking the U.S. Supreme Court to hear the case. And, now these groups have filed friends of the court briefs encouraging the justices to do just that.

It remains to be seen whether the Supreme Court will hear the case. Whether to do so or not is up to the justice’s discretion.

Latest News